Judge Bruce Bell set a Sept. 23 date for a pretrial hearing in the case. According to reports, H. Louis Sirkin, a Cincinnati attorney who is defending Hustler Hollywood, said: “We’re ready for the fight. We’ve been prepared for it for several months.”
On July 23, Jimmy Flynt filed a countersuit against the Lexington board of adjustment’s Interstate-related zoning ordinance prohibiting adult establishments. The federal lawsuit contends that the ban violates Hustler Hollywood’s constitutional right to freedom of expression.
The adult store is located near an interchange off of Interstate 75. Jimmy Flynt is the operator of the Lexington Hustler Hollywood and brother of Hustler magazine publisher Larry Flynt, a veteran of free speech court battles.
Attorneys for both sides have agreed to put off the federal case and to attempt to deal with the constitutional issues in two cases pending before Kentucky state courts.
In another related legal development, the Cracker Barrel chain has gotten involved in a case pending in Fayette County Circuit Court. The restaurant, which is located near the Hustler Hollywood, is contending that the sex shop is “adverse” to Cracker Barrel’s business interests.
The wholesome, homespun-themed restaurant chain promotes a “mom and apple pie” image. In addition, like bookstores such as Borders, the Hustler Hollywood chain includes cafes in its store format. The Lexington Hustler Hollywood’s coffee shop may compete for customers with the nearby Cracker Barrel.
